Eligibility for Probation

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Eligibility for Probation

In the state of Tennessee, a person who is convicted of a non-violent property offense can be a favorable candidate for probation. If you are convicted of a crime, and sentenced to ten years or less, you are eligible for probation. A criminal record and other aggravating factors can result in imprisonment. Hagan & Todd Law will help you to avoid imprisonment and work towards probation, if eligible.

Certain criminal convictions that are not eligible for probation are listed below:

  • All Class A felonies
  • Vehicular Homicide by Intoxication
  • Aggravated Kidnapping
  • Aggravated Robbery
  • Aggravated Sexual Battery
  • Statutory Rape by an Authority Figure
  • Aggravated Child Abuse or Neglect
  • Sexual Exploitation of a Minor and Aggravated Sexual Exploitation of a Minor
  • Certain drug offenses including Possession with Intent to Sell or Distribute any Schedule I Controlled Substance, 15 grams or more of heroin, 26 grams or more of cocaine or over 70 pounds of marijuana.


Generally, a person convicted of a crime that is sentenced to the Department of Corrections would be eligible for parole after 30% of their sentence as a Range 1 offender, depending on their record. Certain criminal convictions, however, are not parole eligible. These are listed below:

  • Murder in the 1st and 2nd Degree
  • Especially Aggravated Kidnapping and Aggravated Kidnapping
  • Especially Aggravated Robbery and Aggravated Robbery
  • Rape and Aggravated Rape
  • Aggravated Sexual Battery
  • Rape of a Child and Aggravated Rape of a Child
  • Aggravated Arson
  • Aggravated Child Abuse; Aggravated Child Abuse or Neglect
  • Sexual Exploitation of a Minor, Aggravated Sexual Exploitation of a Minor and Especially Aggravated Sexual Exploitation of a Minor
  • Possession of a Firearm During the Commission of a Dangerous Felony
  • Attempted 1st Degree Murder where the victim suffers serious bodily injury
  • Aggravated Assault resulting in the death of another
  • Aggravated Vehicular Homicide
  • Certain drug offenses within a school zone.